The Federal High Court in Abuja has ordered the final forfeiture of 48 properties linked to a former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to the Federal Government.
Justice Joyce Abdulmalik, in a judgment delivered in Abuja on Wednesday, held that the Economic and Financial Crimes Commission had established the reasonable suspicion required by law to justify the forfeiture of the assets.
The judge ruled that Malami, his family members and companies linked to the properties failed to dislodge the commission’s allegation that the assets were acquired with proceeds of unlawful activities.
Before delivering the substantive judgment, Justice Abdulmalik dismissed several applications, motions on notice, and applications to show cause filed by the respondents, describing them as “wanting in merit.”
She held that the issue before the court was not the ownership of the properties but the legitimacy of the funds used to acquire them.
“The issue before the court is not who owns the property, but how legitimate the funds used to acquire the properties are,” the judge said.
She added that the respondents had “not dislodged the reasonable suspicion that the property was acquired by unlawful activities.”
Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, Justice Abdulmalik granted the EFCC’s application for final forfeiture.
The court, however, discharged the interim forfeiture order in respect of some of the properties.
The anti-graft agency had, in January, instituted civil forfeiture proceedings seeking the permanent forfeiture of 57 properties valued at N212.8bn, alleging that they were proceeds of unlawful activities linked to the former AGF.
On January 16, vacation judge, Justice Emeka Nwite, granted an interim forfeiture order over the properties and directed the EFCC to publish the order in a national newspaper to enable interested persons to appear before the court and show cause why the assets should not be permanently forfeited to the Federal Government.
The properties are located in Abuja, Kano, Kebbi and Kaduna states.
Following the publication, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the assets challenged the interim forfeiture order.
They argued that the properties were lawfully acquired and contended that the EFCC failed to establish any nexus between the assets and alleged unlawful activities.
The respondents further maintained that the commission relied on speculation rather than credible evidence and neither proved that the properties were proceeds of crime nor identified any specific criminal offence from which they were allegedly derived.
After the court resumed from its annual vacation, the case was reassigned to Justice Abdulmalik for hearing and determination.
At the hearing, counsel for the EFCC argued that investigations showed the properties were acquired with proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for Malami.
The commission also submitted that under the law governing civil forfeiture proceedings, it only needed to establish reasonable suspicion and not prove the case beyond a reasonable doubt.
After parties adopted their final written addresses in May, the court reserved judgment.
The judgment, initially fixed for July 6, was deferred twice before Justice Abdulmalik finally delivered the ruling on Wednesday.
EFCC unveils properties
A statement by the EFCC spokesman, Dele Oyewale, later listed the forfeited properties as Rayhaan University in Kebbi State, including its permanent, temporary and third campuses, the vice chancellor’s residence and Rayhaan Radio located along Sani Abacha Bypass Road, Birnin Kebbi.
Other assets forfeited were Rayhaan Agro Allied Factory with its factory buildings, machinery, mosque, staff quarters and Bustan Building; Azbir Arena comprising Azbir Hotel, printing press, gallery, gardens, clothing outlet, pharmacy and supermarket; Al-Afiya Energy tanker garage; Rayhaan Security House; an uncompleted two-storey plaza in Birnin Kebbi; Amasdul Oil and Gas filling station; Zeennoor Hotel in Kano with 131 rooms; Zeennoor Mosque; and the old Zeennoor Hotel building.
The court also ordered the forfeiture of several high-value properties in Abuja, Kano and Kebbi, including luxury residential buildings, hotels, commercial plazas, warehouses, petroleum stations, farmlands and estates.
The EFCC said that with Wednesday’s ruling, ownership of the 48 properties has been transferred to the Federal Government.
Malami is currently on trial for an alleged N8.7bn fraud alongside his wife and son.
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